FAQHandling of Declaration of Liquidation
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If the company declares the liquidation termination without reporting the liquidation income in accordance with the regulations, will it have the effect of liquidation termination? |
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According to Article 75, Paragraph 2 of the Income Tax Law, the liquidation income of a profit-seeking enterprise during the liquidation period shall be reported to the tax collection authority within 30 days after the liquidation is completed. Article 331 and other relevant provisions of the law shall refer to the liquidator's settlement of current affairs, collection of creditor's rights, repayment of debts, and distribution of remaining property, not to the date of the court's declaration for record-keeping, otherwise the legal person's personality has been eliminated, and the taxpayer does not exist. How to make a liquidation declaration. Therefore, before reporting to the court for future reference, the liquidator is obliged to declare the liquidation income in accordance with the above regulations. If there is liquidation income and fails to declare and pay taxes according to law, the liquidator shall report to the court that the liquidation is completed for future reference. There are illegal acts stipulated in the proviso of Article 92 of the Company Law and the proviso of Article 331, Paragraph 3. According to the previous letter of the Ministry of Justice and Administration 68 letter No. 05991, the responsibility of the liquidator has not been released, nor will it arise. After the liquidation is completed, the legal personality of the company is still deemed to exist.
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When the company is dissolved and liquidated, there are taxes or fines that should be paid, what should the liquidator do? |
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It refers to the taxes and fines payable by the company before distributing the remaining property. Therefore, if the company has to pay taxes and fines before distributing the remaining assets, the liquidator shall handle it in accordance with the regulations and shall be obliged to pay. |
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When the company is dissolved and liquidated, what should be done when its assets are insufficient to pay off its debts and tax arrears? |
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When a company is dissolved and liquidated, if its assets are insufficient to pay off its debts and taxes, the liquidator shall apply for bankruptcy in accordance with the provisions of the Company Law and transfer its affairs to the bankruptcy administrator. There is no question of being responsible for clearing taxes. If the liquidator fails to apply for bankruptcy in accordance with the provisions of the Company Law and fails to pay the taxes in full according to the order in which the taxes are paid, he shall be liable for the obligation to pay the taxes as stipulated in Article 13, Paragraph 2 of the Tax Collection Law. |
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The company owes taxes, and the person in charge dissolves the property without permission and sells the property for distribution. How will it be dealt with in the tax law? |
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Before the company's liquidation is completed, should the interest generated by depositing the company's share capital in the bank be reported to the profit-seeking enterprise income tax? |
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The company was dissolved by a court order. The remaining property was not distributed due to internal disputes among shareholders, and the share capital was not returned. The liquidation of the company has not been completed, and the main body of the company has not been eliminated. Interest shall still be reported and paid by the liquidator to profit-seeking enterprise income tax in accordance with Article 13 of the Tax Collection Law. |
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